You are a Superintendent of Police tasked with conducting an internal departmental inquiry into an alleged case of custodial torture and subsequent disappearance of three tribal persons. The case of the police force is that these persons were habitual offenders who had committed theft. The police had nabbed them for interrogation but they escaped from the police custody and are absconding. Family members of these persons, on the other hand, maintain that they were falsely framed in the case and were not in a condition to flee due to custodial torture. They are alleging foul play on the part of the police and suspects that the police is behind their disappearance. Prima facie, you find many lacunae in the police investigation. The policemen did not produce these persons before the Magistrate nor did they get them medically examined, as required by the law. One of your seniors, without referring to the case, informally talks to you about the adverse working conditions of the police force and insinuates that all police personnel should help each other. He also says that all serving officers need to be mindful of the fact that they are part of the police force and should not do anything which may tarnish the reputation of the police department. (a) Identify the stakeholders and various issues involved in the case. (b) How will you conduct a fair and impartial inquiry that ensures that public perception regarding cover-up in such cases does not gain ground? (c) Highlight the reasons for the continuing impunity of custodial deaths in India, and recommend steps that authorities should take to resolve it.

Answered by 2 toppers · CSE 2021

Syllabus: Case Studies on above issues.